WHY IN NEWS?
The Customer had purchased VLCC’s weight loss and tummy trim program which guaranteed weight loss of 5 Kg and tummy reduction by 4 inches within one month with a money-back policy. However, when there was no progress, the VLCC staff recommended another program to the customer which involved an imported machine for treatment. Still, there was no result, the respondent filed the complaint in the consumer commission.
VLCC said the customer had given an assurance like undertaking that he understands and assimilated that no guarantee/ assurance was given to him regards the outcome of the program and in the circumstances of dissatisfying results due to aspects beyond the control of the VLCC staff he shall not be granted to hold damages or to make VLCC’s staff liable. Also, the Customer had to strictly abide by certain diet plan instructions and need to be followed until the course is completed, which VLCC claimed was not accomplished by the customer.
CONSUMER COMMISSION VERDICT
Case Name – M/s VLCC Health Care Limited v. Vijay Aggarwal
The State Commission stated that the highlighted sentence given by VLCC was unable to sustain in the eyes of law as their own advertisement the “money back guarantee”.
Court said “The act of the appellants of giving false assurances, on one hand by way of misleading advertisements and on the other hand, obtaining a declaration from the consumers qua no guarantee/assurance regarding the result and outcome of the program, is a clear example of unfair trade practices adopted by them, for which, the consumers could not be made to suffer at the hands of the appellants.”
Compensation mentioned:
to refund Rs.75,500/- to the complainant along with interest @ 9% per annum from the respective date of deposits.
to pay an amount of Rs.20,000/- to the complainant as compensation for causing harassment and mental agony to him; to pay Rs.10,000/- to the complainant as costs of litigation.
OTHER MISLEADING ADS BY RENOWNED BRANDS
Advertising has a huge impact on our lives, and importantly, our preferences. Companies spend millions of dollars in marketing and advertising their products and services to people. And while ads are expected to fluff up products, companies resort to outright lying and breaking the law to try to sell a product. Here are other brands that do mislead people.
Sensodyne
Dentists from other countries recommend Sensodyne. In this case, CCPA said that it was illegal for practicing doctors in India to endorse any product or drug publicly. Central Consumer Protection Authority has also demanded an investigation into Sensodyne’s claims of “recommended by dentists worldwide”, “world’s no.1 sensitivity toothpaste” and “clinically proven relief, works in 60 seconds”.
Naaptol
Naaptol Online Shopping Ltd was fined Rs 10 lakh for failing to mention that ads on their 24*7 channel are not live and are recorded. Central Consumer Protection Authority also rebukes Naaptol for creating ‘artificial scarcity’ by assuring that items are accessible only for a particular period of time.
Dove
Hindustan Unilever Ltd came under the scanner of the Advertising Standards Council of India for its Dove Hair Fall Rescue Shampoo advertisement, which implied a reduction in natural hair fall. Advertising Standards Council of India called it misleading.
There are a number of other brands that have been called out for their misleading advertisements meant to fool people. While some faced the heat from authorities, others like Fair N’ Lovely also faced the cancel culture.
Image Source- Justdial
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